DUI Criminal Defense Blog Colorado - The Best Defense is a Good Offense

Colorado Springs criminal defense and DUI attorney James Newby provides this blog to help you get informed if you are facing criminal charges in Colorado.

Every year, more Coloradans die from accidental drug overdoses than they do from traffic accidents, and every this public health crisis continues to get worse. According to the Colorado Health Institute, the state’s rate of drug overdose deaths climbed 68 percent between 2002 and 2014 and is significantly higher than the national average. Over 900 Coloradans died from overdoses in 2014 alone.

These deaths are caused by “street” drugs such as heroin, cocaine, and methamphetamine as well as by prescription drugs, primarily opioid painkillers such as Oxycontin.

When people do overdose, they often can be saved with immediate medical attention. Statistics show that most ODs happen in the presence of other people who could theoretically call 911 or take the individual to an emergency room to get the help that could save their life. However, individuals who are overdosing and the folks around them often don’t seek medical help because they are afraid they will get charged with a drug crime if they do so. If you are ever charged with a drug crime, be sure to contact a drug defense attorney immediately.

If you walk out the door of a store, business, or other retail establishment in Colorado with goods you haven’t paid for, you could find yourself walking straight to jail. Shoplifting is theft, and theft crimes come with serious penalties, especially if what you stole is worth a lot of money or if it isn’t your first shoplifting offense. Beyond jail time, hefty fines, and restitution, a conviction for shoplifting or any other theft crime can haunt you for years to come, reducing employment opportunities and casting doubt on your honesty and trustworthiness.

Even the most accurate scientific instruments can produce inaccurate results if they are used incorrectly, are improperly maintained, or are damaged. The breathalyzers and other breath-testing devices used by Colorado law enforcement to determine the blood alcohol content (BAC) of drivers suspected of driving under the influence of alcohol are no different. While the results of breathalyzer tests can be the key to a drunk driving conviction, proving that those results were flawed and unreliable can be the key to an acquittal or dismissal of the charges. If you are charged with a DUI, contact a criminal defense attorney immediately.

If you are in a relationship for any period of time, you will get in an argument with your significant other. Hurtful words may be exchanged, and things can get heated. Most of the time, things do not escalate too much, you and your partner will make up, and life will go on. Sometimes, however, all those emotions can lead to police pulling up in your driveway and you winding up in the back of a squad car, arrested and charged with domestic violence. The events that led to your arrest may seem like they happened in the blink of an eye, without the police or anyone else listening to what you have to say about what happened. 

In shock, maybe angry, and worried about what may happen next, especially if you have been falsely accused – a not uncommon occurrence. You need to make some important choices very quickly in order to keep a difficult situation from getting worse. The law is very specific and clear about the process and procedures leaving little discretion for law enforcement even if the case against you appears to be weak. For example, when a person in Colorado Springs is arrested or charged with domestic violence, that person must remain in jail until they appear before a judge. 

Acts and statements that would constitute criminal offenses in Colorado if made “in real life” are just as illegal if made in cyberspace.

This includes harassment, stalking, and bullying. Online harassment comes with serious consequences in Colorado, as our state along with other states try to address the explosive and dangerous growth of such conduct.

If you are ever arrested in Colorado Springs for DUI or other criminal charges here are four things NOT to do.  

Wednesday, 07 December 2016

Colorado DUI Defense During the Holidays

The holidays are upon us and that means that holiday parties are upon us as well. Office parties, gatherings of families and friends, New Year’s Eve festivities – these annual events almost always have one thing in common: booze. Statistics show that the number drunk driving accidents, injuries, and deaths spike during the holiday season. Colorado law enforcement knows this; that’s why they are especially aggressive in going after drunk drivers during this most wonderful time of the year.

Tuesday, 22 November 2016

Fraud and Forgery Charges in Colorado

You’ve probably heard the old phrase that “the pen is mightier than the sword.” When it comes to stealing other’s property through fraud and forgery, the deception and lies written by that pen can result in years behind bars and a life of being branded a dishonest thief.

In Colorado, if you take someone else’s property without their consent, you won’t be charged or convicted for stealing. Stealing is not a crime.
But stealing is the underlying basis for a number of separate and distinct crimes under Colorado law. Theft is a crime. Robbery is a crime. Burglary is a crime. If you’re caught stealing, you will face criminal charges for one of these offenses, each of which comes with severe penalties upon conviction.

Being in the wrong place at the wrong time can get you in a lot of trouble. Being in a place you have no legal right to be at a time you have no right to be there can also get you charged with the crime of criminal trespassing in Colorado. Sometimes, however, it isn’t always clear whether or not someone was within their rights to be on a given piece of property. If you have been charged with trespassing, or believe someone has trespassed on your property, it is important to understand what the crime of trespassing involves and what it does not.

If you were convicted or pled guilty to a crime in Colorado, the last thing you want to do after you’ve served your time, paid your penalties, or otherwise met your responsibilities is to wind up right back in court facing even more consequences. But if you violate any of the terms of your probation, the ordeal that you were trying to put behind you can keep costing you and lead you right to jail.

No Colorado Springs parent wants to get a call from their child or from a police officer advising them that their child has been arrested and charged with drug possession. Whether an error in judgment or being in the wrong place at the wrong time led to that call, it is important that a minor facing criminal charges and his or her parents take immediate steps to minimize the damage that could be caused to the child’s future. Contacting a Colorado juvenile crimes defense attorney as soon as possible is a critical first step.

Tuesday, 30 August 2016

What is Child Abuse in Colorado?

Child abuse in Colorado is not what you think it is. Actually, it is far more than what you may think it is. While physical violence or injury to a child can certainly constitute criminal child abuse that can lead to jail time and other severe consequences, Colorado law is much more expansive when it comes to the kinds of conduct that can result in criminal charges and conviction. 

Wednesday, 17 August 2016

Child Abuse Charges in Colorado

Kids require care, protection, and safety, and they should certainly not be subject to violence, abuse, or neglect. Almost all parents know this, and so does the law. That’s why Colorado law and Colorado prosecutors treat child abuse charges so seriously. Prosecutors will aggressively seek convictions for child abuse, and due to the severity of the crime, law enforcement will often err on the side of caution, arresting a parent or other adult in situations where no abuse has occurred or a situation has been misconstrued. If you’ve been charged with child abuse, the consequences and stigma can of such charges can put your family, freedom, and future at risk.

It will come as no surprise that driving under the influence (DUI), is the most serious criminal charge you can face for your conduct while behind the wheel in Colorado, especially if someone ends up getting hurt or killed. For many criminal charges, it is often the most prudent strategy to try to get prosecutors to reduce the charges to a lesser offense with less harsh penalties upon conviction. But can that be done with DUI charges? Can you reduce your DUI to a charge of reckless driving?

Long after fines have been paid, jail sentences served, or license suspensions ended, a Colorado Springs DUI conviction can haunt you for a long, long time. That is because your DUI arrest and conviction will become part of your criminal record. Employers, schools, lenders, insurance companies, and others will see that DUI on your record. You could lose out on or be denied opportunity after opportunity, all because of the stain on your history that shows up on your criminal record. But will that DUI be on your record forever? Is there a way to get your Colorado Springs DUI expunged or sealed?

Of the many things that go through folks minds after being arrested, charged, or convicted for a Colorado Springs DUI, worries about the impact it will have on their job, career, and future employment prospects are among the biggest. The harsh reality is that a DUI conviction can create serious challenges when it comes to employment. It is a stain on your record that can get you fired, can keep certain jobs out of reach, or increase the chances that your resume will wind up in the trash.

There is no getting around it: a conviction for DUI in Colorado is a bad thing. Anyone who tells you otherwise - whether it be your next-door neighbor or a criminal defense attorney – is not being straight with you. If you’ve been charged with a Colorado Springs DUI, you will want to do everything possible to avoid a conviction, starting with hiring an experienced DUI defense attorney who can aggressively fight the charges or work with prosecutors to minimize the consequences or penalties.
But how “bad” your DUI is in terms of its ongoing impact on your life depends on a lot of factors. Your DUI can wind up being a footnote in the story of your life or a whole chapter.

When a child in Colorado Springs gets into trouble with the law, it can be a frightening experience for both the child and his or her family. Questions abound about what will happen next, what the consequences could be, and how an arrest or conviction will impact the child’s future.

Much of the anxiety that parents experience after their child has been arrested comes from simply not knowing what Colorado’s juvenile justice system is and how it works. Often, the misconceptions about juvenile crimes are worse than the reality. That is not to say that juvenile crimes should be taken lightly. A juvenile arrest is a serious matter that requires the assistance of an experienced juvenile crimes defense attorney in order to minimize the impact that the ordeal has on a child.

But there are three common misconceptions that parents and their kids should be aware of if they find themselves dealing with our state’s juvenile justice system:

If you’re like most of us here in Colorado Springs, you spend a lot of time behind the wheel. You probably drive almost every single day to work, school, the grocery store, the mountains. When you spend that much time on the road, even if you’re the safest driver you know, the odds are pretty good that you will get a traffic ticket at some point. When that officer gives you your license back along with your new traffic citation, you have choices to make on how you deal with that ticket. 

To make the right decision, you need to understand how a traffic ticket can affect you. In the grand scheme of things, a traffic violation may not seem like all that big a deal. The reality, however, is that a ticket can cost you a great deal - hefty fines, a big jump in your car insurance premiums, and in some cases, loss of your driving privileges and even jail time.

Colorado Springs Criminal Defense Attorney James NewbyCall us (719) 578-3322

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James Newby Law
102 S. Tejon Street, Suite 1100
Colorado Springs, CO 80903
Hours: M-F 8:30am - 5:00pm